HAR §11-58.1-11. Municipal solid waste landfills -- purpose

scope. and applicability. (a) The purpose of sections 11-58.1-11 through 11-58.1-18 is to establish minimum state criteria for all municipal solid waste landfill (MSWLF) units including municipal solid waste landfills that are used to dispose of sewage sludge. These minimum state criteria ensure the protection of human health and the environment. (b) These criteria apply to owners and operators of new MSWLF units, existing MSWLF units, and lateral expansions, except as otherwise specifically provided in sections 11-58.1-11 through 11-58.1-18. (c) These criteria do not apply to MSWLF units that did not receive waste after October 9,· 1991. (d) MSWLF units that receive waste after October 9, 1991, but stop receiving waste before October 9, 1993, are exempt from all the requirements of sections 11-58.1-11 through 11-58.1-18, except for the final cover requirement specified in section 11-58.1-17(a) (1). The final cover must be installed within six months of the last receipt of wastes. Owners or operators of MSWLF units described in this subsection that fail to complete cover installation within this six-month period will be subject to all the requirements of sections 11-58.1-11 through 11-58.1-18, unless otherwise specified. (e) All MSWLF units that receive waste on or after October 9, 1993, must comply with all requirements of sections 11-58.1-11 through 11-58.1-18, unless otherwise specified. (f) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions that dispose of less than twenty tons of municipal solid waste daily, based on an annual average, are exempt from sections 11-58.1-14 and 11-58.1-16, so long as: (1) There is no evidence of existing ground-water contamination from the MSWLF unit; (2) The MSWLF unit serves either: (A) A community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility; or Title 11, Chapter 58.1, SWM Control Rev. 7/93 58.1-28 1717 §11-58.1-12 (B) A community that has no practicable waste management alternative and is located in an area that annually receives less than or equal to twenty-five inches of precipitation; and (3) The owners or operators place in the operating record information demonstrating that the requirements of this subsection are met. (g) If the owner or operator of a new MSWLF unit, existing MSWLF unit, or lateral expansion has knowledge of ground-water contamination resulting from the unit that has asserted the exemption in subsection (f), the owner or operator must notify the director of the contamination and shall thereafter comply with sections 11-58.1-14 and 11-58.1-16. (h) MSWLF units failing to satisfy these criteria are considered open dumps for purposes of state solid waste management planning under RCRA. (i) MSWLF units failing to satisfy these criteria constitute open dumps, which a.re prohibited under section 4005 of RCRA. (j) MSWLF units containing sewage sludge and failing to satisfy these criteria violate sections 309 and 405(e) of the Clean Water Act. (k) The effective date of sections 11-58.1-11 through 11-58.1-17 is October 9, 1993. Section 11-58.1-18 is effective April 9, 1994. (1) The owner or operator of a MSWLF unit must comply with any other applicable state or federal rules, laws, regulations, or other requirements. (m) Extensions of the effective dates in 40 CFR 258 and this chapter may be approved on a case-by-case basis only following rule changes to 40 CFR 258 promulgated by the EPA authorizing such extensions or under statutory authority granted by the U.S. Congress. [Eff JAN 131994 ] (Auth: HRS §§342H-53, 342H-55) §11-58.1-12 Municipal solid waste landfills -- permit reauirements. (a) All municipal solid waste landfills (MSWLF) require a permit and shall comply with the requirements of section 11-58.1-04. 58.1-29 1717 # / \ i \ §11-58.1-12 (b) Permit notification. The director shall ensure that the public receives notice of each application for a new municipal solid waste landfill permit or any application for modification or renewal of an existing permit through the public notification process. Procedures for the circulation of public notices shall include at least the following: . (1) Notice shall be circulated within the geographical areas of the proposed disposal or other proposed activity; such circulation shall include publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation. (2) Notice shall be mailed to any person or group upon request. (3) The director shall add the name of any person or group upon request to a mailing list to receive copies of notices for all variance applications within the state or within a certain geographical area. (4) The director shall provide a period of not less than thirty days following the date of the public notice during which time interested persons may submit their written reviews with respect to the application and the tentative determinations of the department, if any. The period for comment may be extended at the discretion of the director. (5) The contents of public notice shall include at least the following: (A) Name, address, and phone number of'agency issuing the public notice; (B) Name and address of each applicant; (C) Brief description of each applicant's activities or operations which result in the disposal or other activity described in the application; (D) A short description of the location of each disposal or activity.indicating whether such disposal or activity is new or existing; (E) A brief description of the procedures for the formulation of final determinations, including the thirty-day comment period required by paragraph (4) and any other means by which interested 1717 §11-58.1-13 persons may influence or comment upon those determinations; and (F) Address and phone number of state agency premises at which interested persons may obtain further information and inspect a copy of the variance applications and supporting and related documents. (6) Public hearings. The director may hold a public hearing if, after reviewing the comments submitted under paragraph (4), the director determines that a public hearing is warranted. Any hearing brought pursuant to this subsection shall be held in the geographical area of the proposed disposal or other proposed activity, or other appropriate area, at the discretion of the director. [Eff JAN 131994 ] (Auth: HRS §§342H-53, 342H-54, 342H-55) . §11-58.1-13 Municipal solid waste landfills -- site analysis. (a) Airport safety. (1) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions that are located within ten thousand feet (3,048 meters) of any airport runway end used by turbojet aircraft or within five thousand feet (1,524 meters) of any airport runway end used by only piston-type aircraft·must demonstrate that the units are designed and operated so that the MSWLF unit does not pose a bird hazard to aircraft. (2) Owners or operators proposing to site new MSWLF units and lateral expansions located within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft must notify the affected airport and the Federal Aviation Administration (FAA). (3) The owner or operator must place the demonstration in paragraph (1) in the operating record and notify the director that it has been placed in the" operating record. (b) Floodplains. Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions located in one hundred-year floodplains must demonstrate that the unit will not restrict the flow of the one hundred-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health and the environment. The owner or operator must place the 58.1-31 1717 f §11-58.1-13 demonstration in the operating record and notify the director that it has been placed in the operating record. (c) Wetlands. New MSWLF units and lateral expansions shall not be located in wetlands, unless the owner or operator can make the following demonstrations to the director: (1) Where applicable under section 404 of the Clean Water Act or applicable state wetlands laws, the presumption that a practicable alternative to the proposed landfill is available which does not involve wetlands is clearly rebutted; (2) The construction and operation of the MSWLF unit will not: (A) Cause or contribute to violations of any applicable state water quality standard; . (B) Violate any applicable toxic effluent standard or prohibition under section 307 of the Clean Water Act; (C) Jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Endangered Species Act of 1973; and (D) Violate any requirement under the Marine Protection, Research, and Sanctuaries Act of 1972, for the protection of a marine sanctuary; (3) The MSWLF unit will not cause or contribute to significant degradation of wetlands. The owner or operator must demonstrate the integrity of the MSWLF unit and its ability to protect ecological resources by addressing the following factors: (A) Erosion, stability, and migration potential of native wetland ~oils, muds, .and deposits used to support the MSWLF unit; (B) Erosion, stability, and migration potential of dredged and fill materials used to· support the MSWLF unit; §11-58.1-13 (C) The volume and chemical nature of the waste managed in the MSWLF unit; (D) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste; (E) The potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and (F) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected; (4) To the extent required under section 404 of the Clean Water Act or applicable state wetlands laws, steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by paragraph (1), then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g., restoration of existing degraded wetlands or creation of man-made wetlands); and . (5) Sufficient information is available to make a reasonable determination with respect to these demonstrations. (d) Fault areas. New MSWLF units and lateral expansions shall not be located within two hundred feet (sixty meters) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates to the director that an alternative setback distance of less than two hundred feet (sixty meters) will prevent damage to the structural integrity of the MSWLF unit and will be protective of human health and the environment. (e) Seismic impact zone. New MSWLF units and lateral expansions shall not be located in seismic impact zones, unless the owner or operator demonstrates to the director that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. The owner or operator must place the demonstration in the operating record and notify the director that it has been placed in the operating record. 58.1-33 1717 1 §11-58.1-13 (f) Unstable areas. Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions located in an unstable area must demonstrate that engineering measures have been incorporated into the MSWLF unit's design to ensure that the integrity of the structural components of the MSWLF unit will not be disrupted. The owner or operator must place the demonstration in the operating record and notify the director that it has been placed in the operating record. The owner or operator must consider the following factors, at a minimum, when determining whether an area is unstable: (1) On-site or local· soil conditions that may result in significant differential settling; (2) On-site or local geologic or geomorphologic features; and (3) On-site or local artificial features or events (both surface and subsurface). (g) Tidal wave (tsunami) zone. New MSWLFs and lateral expansions shall not be located in possible tsunami inundation areas. (1) Tsunami inundation areas on the islands of Oahu, Hawaii, Maui, and Kauai are those areas delineated in a report entitled "Hawaii Tsunami Inundation Evacuation Map Project" by George D. Curtis, University of Hawaii Joint Institute for Marine and Atmospheric Research, dated April 19, 1991. (2) Tsunami inundation areas on other islands shall be determined by the director. (h) Closure of existing MSWLF units. (1) Existing MSWLF units that cannot make the demonstration specified in subsection (a) (1) pertaining to airports, subsection (b) pertaining to floodplains, or subsection (f) pertaining to unstable areas, must close by October 9, 1996, in accordance with section 11-58.1-l?(a) and conduct post-closure activities in accordance with section 11-58.1-l?(b). (2) The deadline for closure required by paragraph (1) may be extended up to two years if the owner or operator demonstrates to the director that: (A) There is no available alternative disposal 58.1-34 1717 §11-58.1-14 capacity; and (B) There is no immediate threat to human health and the environment. (i) Consistency with local zoning ordinance. The owner or operator of a MSWLF must comply with any applicable local zoning ordinances or other applicable local ordinances. [EffJAN l 31994] {Auth: HRS §§342H-53, 342H-55) §11-58.1-14 Municipal solid waste landfills -- design criteria. (a) The design of new MSWLF units and lateral expansions shall be approved by the director before commencement of construction. (b) The design shall either: (1) Ensure that the concentration values listed in Table 1, which is incorporated by reference, or Hawaii Administrative Rules, title 11, chapter 20, whichever is more stringent, will not be exceeded in the uppermost aquifer at the relevant point'of compliance, as specified by the director under subsection (e); or (2) Include a composite liner as described in subsection (c) and a leachate collection system that is designed and constructed to maintain less than a thirty- centimeter depth of leachate over the liner. (c) A composite liner shall consist of two components: (1) An upper component that must consist of a minimum 30-mil flexible membrane liner (FML) with a hydraulic conductivity of 1 x 10-7 cm/sec. (FML components consisting of High Density Polyethylene {HOPE) shall be at least 60-mil thick. The FML component must be installed in direct and uniform contact with the compacted soil component.) (2) A lower component that must consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1 x 10~ cm/sec. (d) When approving a design that complies with subsection (b) (1), the director shall consider at least the following factors: 58.1-35 1717 §11-58.1-14 (1) The hydrogeologic characteristics of the facility and surrounding land; (2) The climatic factors of the area; and (3) The volume and physical and chemical characteristics of the leachate. (e) The relevant point of compliance specified by the director shall be no more than one hundred fifty meters from the waste management unit boundary and shall be located on land owned by the owner of the MSWLF unit. In determining the relevant point of compliance, the director shall consider at least the following factors: (1) The hydrogeologic characteristics of the facility and surrounding land; (2) The volume and physical and chemical characteristics of the leachate; (3) The quantity, quality, and direction of flow of ground water; (4) The proximity and withdrawal rate of the ground-water users; (5) The availability of alternative drinking water supplies; (6) The existing quality of the ground water, including other sources of contamination and their cumulative impacts on the ground water and whether ground water is currently used or reasonably expected to be used for drinking water; (7) (8) Public health, safety, and welfare effects; and Practicable c~ability of-the owner or operator. [Eff JAN 1 3 19\:34 ] (Auth: HRS §§342H-53, 342H-55) §11-58.1-15 Municipal solid waste landfills -- operating criteria. (a) Procedures for excluding the receipt of hazardous waste. owners or operators of all MSWLF units must implement a program at the facility for detecting and preventing the disposal of regulated hazardous wastes as defined in 40 CFR Part 261 and polychlorinated biphenyls (PCB) wastes as defined in 40 CFR Part 58.1-36 1 717